How do I protect my ideas? How to protect my ideas by type (※Patents? or trademark? or design?)

Hallo Thinking from a corporate standpoint PINE Patent Law FirmThis is it.

Appropriate for protecting my precious ideas, products, technology, and creations Intellectual Property (Intellctual Propery, IP)Securing it is very important.

Maybe all of you Will my idea be protected by a patent? Should I protect it with a trademark? Should I protect it with design? wormwoodHaven't you tried it?

 

Recently, the importance of patent applications has increased, and the number of people who want to use them is increasing, but there are many people who don't know what type of industrial property rights their ideas can be protected by.

So..

“What is a patent, trademark, or design?”

“Aren't patents, trademarks, and designs all the same?”

“What rights should I apply for my idea to be well protected?”

For those who are worried, I've summarized how to select patents, trademarks, and designs in an easy-to-understand manner.

My precious self The beginning of idea protection, choosing the right intellectual property type for your ideaIt starts by doing it.

1) Patents

Patents 'technology'It is an industrial property right to protect

The key here 'technology'This is it.

So what kind of ideas should be protected by patents?

An item or product reflecting unique technical skills, or a manufacturing method or construction method reflecting unique technical skillsIf it's an idea, the surest way is to protect it with a patent.

Let's take a few more examples, shall we?

Disinfecting devices with excellent disinfecting power, artificial intelligence (AI) technology that recommends optimized products for each user type

Methods for manufacturing substances such as pills and soap with excellent disinfecting effects, etc.

All of the above examples Any idea relating to “technology” that is suitable for patent protectionI'm here.

So, my ideas are like science, engineering, and functionality Something about 'technology'or or An idea with excellent 'technology'Ramen

Protecting an idea through a patent is the surest way to protect itThis will be it.

2) Trademarks

A trademark is your product/service Protect sources to distinguish them from other people's goods/servicesIt's an industrial property right.

The key here 'source' This is it.

Customers see your trademark and the product/service is “where and whose product is it” Reminiscent of abstract sources such as “~where would you like it?”You will do it.

In other words, it's a completely different right from a patent that protects technology.

Symbol, character, shape, sound, smell, three-dimensional shape, hologram, motion, or color to the back

Any display used to use the source of the goods/servicesis subject to a trademark.

Therefore, my The most reliable method is to protect the brand text and brand image indicating the origin of the product/service through a trademarkThis will be it.



3) Design rights

A design right is an item Protect the exteriorIt's a right to do it.

The key 'item'regarding 'Exterior' This is it.

It gives a sense of aesthetics, and the shape, shape, color of an item, or a combination of these are eligible for design rights.

Let's take an example?

pretty bag design

Clothing design with a unique aesthetic

electronic product design

Images, shapes, character designs, etc. displayed on the screen of a smartphone or computer device

The matters described above relate to the appearance of an item's shape, shape, color, etc., and these are ideas suitable for protection with design rights.

So, my idea Matters relating to the appearance (shape, shape, etc.) of the itemIf

Protecting ideas through design rights is the surest way to protect themThis will be it.

So far, I've learned about patents/utility models, trademarks, and design rights

Do you now understand what types of industrial property rights should protect your ideas?

Still.. Not sure? ^^

Let's find out more easily through the various examples below.

“How to protect the ideas you see with a mask”



I took a picture of the masks our employees wear. ^^

It's a must-have item these days~ In the case of masks, what type of industrial property rights are protectedCan I get it?

(※I know it will be difficult for everyone due to the coronavirus. Cheer up everyone and I hope everyone works hard!!)

Unique structural features of masks, manufacturing methods of functional materials, etc. Technical featurescan be protected by a patent right,

Of the mask Shape or shape-like appearanceIf it has characteristics, it may be protected by a design right,

The brand printed on the surface of the maskmay be protected by a trademark.

In other words, even a single product

The technical part is a patent, the part indicating the origin of the product is a trademark, and the part representing the appearance of the product is a design right

Overlapping protection is possibleI will do it.

“Learn how to protect character ideas with Pororo characters”

The picture above is a picture of a Pororo character toy from the “Pororo and Friends” animation I took at the supermarket.

It's a penguin character that kids really like, so it's also called Potong-ryong.

What type of industrial property rights can protect character ideas like the above?

Yes, as shown in the picture,

The Pororo character itself Purely copyrightNot only can it be protected by,

When a character's name or image is recognized as a specific source Protected by trademarkIt can be,

The exterior of a toy in the shape of a Pororo character appears in the shape of a Pororo character The exterior of the product is protected by a design rightIt could be.

In this day and age where electronic products and digital products such as emoticons are actively traded,

personageIn order to effectively protect, according to the commercialization strategy of the enterprise, Not only copyright

Establishing a strategy for linking trademarks and design rights is very importantI will do it.

Let's take a look at another example?

“How to protect your ideas with camping gear”



The picture above is a “chums (chums) Korea” camping chair I took at the department store.

It is said that due to social distancing, the number of campers enjoying camping has recently surged to 4 million. What type of industrial property rights can campers protect?

Technical features such as functional fabrics and material manufacturing methods for camping chairs can be protected by “patents.”

If there are exterior features such as a unique texture, pattern shape, or frame shape, it may be protected by a 'design rights'.

Similarly, the “chums” part of the brand engraved on the chair fabric can be protected by a trademark right, right?

As we've seen in the examples above,

Because the purpose of protecting even one idea may vary slightly

Carefully consider what I want to protect through industrial property rights

To protect my ideas, Establishing effective protection strategies through linking various types of industrial property rightsI'll have to think about it.

Thank you

‍